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Valerie Breslin Montague

Valerie Montague represents a variety of health care providers, digital health companies, senior living facilities, nonprofit trade associations, life sciences companies and vendors of health care providers. Valerie is a Certified Information Privacy Professional/United States (CIPP/US), the preeminent credential in the field of privacy.

What do you focus on?

I focus my practice on three main areas.

HIPAA/Health Information Privacy and Security

I assist health care providers and business associates of all types to comply with the requirements of HIPAA and the HITECH Act, from the development of policies and workforce training to analysis and notification of breaches to guidance through Office for Civil Rights (OCR) investigations. I also advise vendors initiating arrangements with health care entities on whether their business triggers HIPAA.

Beyond HIPAA, I counsel health care providers on compliance with other federal and state health information confidentiality requirements, as well as cybersecurity best practices.

Regulatory Compliance

I advise hospital systems, skilled nursing facilities, physician practices and other health care providers on compliance with the Stark Law and the Anti-Kickback Statute, as well as state laws prohibiting self-referrals and fraud and abuse. In Illinois, I work with facilities to navigate Certificate of Need (CON), corporate practice of medicine, telehealth and licensure requirements.

Nonprofit Governance and Tax Exemption

I work with tax-exempt entities in all industries to obtain and maintain federal income tax-exempt status, including group exemptions and reinstatement of tax-exempt status. I advise tax-exempt entities on structure and governance issues as they expand their service lines, create new entities and enter into transactions with third parties, including joint ventures and the creation of for-profit subsidiaries. I also assist tax-exempt hospitals with compliance with Internal Revenue Service (IRS) and state law requirements governing financial assistance and community benefit activities.

What do you see on the horizon?

As more digital health vendors enter the marketplace in response to patient demand for more convenient and accessible care, both vendors and the providers using these tools will face ever increasing regulatory requirements encompassing everything from privacy and security to licensing to FDA compliance.

Presentations

  • Presenter, “Data Breaches: Regulation, Enforcement and Lessons Learned,” Nixon Peabody Chicago CLE Day, June 6, 2019
  • Moderator, “HHS Health Industry Cybersecurity Practices,” American Health Lawyers Association, Health Information Technology Practice Group, March 27, 2019 
  • Presenter, “Limiting Risk When Outsourcing: Vendor Management Best Practices,” 2018 Nixon Peabody Chicago CLE Symposium, June 7, 2018.
  • Panelist, “Health Care Privacy and Cybersecurity,” Bloomberg Law, Chicago, September 27, 2017
  • Presenter, “Legal Ethics for Health Care Attorneys,” Chicago Bar Association, Health Law Committee, March 22, 2017
  • Presenter, “Data Privacy and Data Use and Disclosure: Mutually Exclusive Concepts?” Northwestern University INVO Seminar, Chicago, Illinois, February 6, 2017
  • Co-presenter, “Cybersecurity Threats, Enforcement Trends and Practical Challenges,” American Health Lawyers Association (AHLA) Physicians and Hospitals Law Institute, Orlando, Florida, February 3, 2017
  • Panelist, “Healthcare Under Cyber Siege Panel,”  BDO Center for Healthcare Excellence & Innovation, November 3, 2016.
  • Co-presenter, “Select Regulatory Compliance Matters & Implicated Rules of Professional Conduct”, CLE Presentation to Medical Device client during their Law Day event, August 2016
  • Moderator, “Navigating a Breach Incident at the Business Associate Level: Reporting, Investigation, and Mitigation Strategies,” American Health Lawyers Association, February 2016
  • Panelist, “HIPAA: The Tentacles Expand,” First Illinois Healthcare Financial Management Association Spring Summit, April 2014
  • Presenter, “Battle of the BAAs: Balancing Interests in Negotiating BAAs,” Illinois Association of Healthcare Attorneys, 31st Annual Health Law Symposium, November 2013
  • Presenter, “What You Should Know About Federally Qualified Health Centers,” Chicago Bar Association, Health Law Committee, June 2013
  • Presenter, “HIPAA Compliance in 2012,” Chicago Bar Association, YLS Health & Hospital Law Committee, May 2012
  • Moderator, “Social Media Bootcamp Webinar Series, Level II, Part II: How to Safely Use Social Media and Social Networking in Your Health Law Practice: Avoid Privacy and Security Pitfalls,” American Health Lawyers Association, March 2012
  • Presenter, “Social Media Bootcamp Webinar Series, Level II, Part I: How to Use Social Media and Social Networking: Is There a Policy for That?” American Health Lawyers Association, February 2012
  • Presenter, “Tell It Like It Is? The HITECH Breach Notification Requirements and the Medicare Self-Referral Disclosure Protocol,” Chicago Bar Association, December 2010

Publications

What Chicago Public Schools can teach about determining breach liability

Legaltech News | November 09, 2018

Chicago Health Care partner Valerie Montague is quoted in this article on which party can expect to be found liable for a Chicago Public Schools data breach allegedly triggered by the actions of the third-party vendor’s former employee.

Smartphones add new dimension to doctor-patient meetings

Bloomberg Law | September 18, 2018

In this article about doctor-patient audio-video recordings, Chicago Health Care partner Valerie Breslin Montague is quoted throughout for her outlook on multiparty consent among different states, policy development, and protecting the privacy of a patient’s health information.

Trump's Proposed Budget Cuts Could Hinder 21st Century Cures Implementation

Modern Healthcare | February 15, 2018

Chicago health care partner Valerie Montague is quoted in this article on the possible impact of the proposed budget cuts to the Office of the National Coordinator for Health Information Technology, the federal agency in charge of implementing provisions of the 21st Century Cares Act.

PREVIEWS FROM THE INDUSTRY: Hospital Operations

Modern Healthcare | January 01, 2018

In this round-up of health care industry predictions for 2018, Chicago health care partner Valerie Montague provides an outlook on the future of cybersecurity in health care.

Providers pinched by rising drug costs, looming policy changes

Modern Healthcare | October 03, 2017

Chicago health care partner Valerie Montague is quoted in this article discussing how the proposed cuts to the 340B drug discount program may impact health systems.

Digital voice assistants pose unique benefits, risks for health care uses

Report on Patient Privacy | October 01, 2017

Chicago health care partner Valerie Breslin Montague is quoted in this article about how hospitals and clinics are using digital voice assistants.

Wisconsin system says Cerner's software caused $16 million in losses

Modern Healthcare | September 22, 2017

Chicago health care partner Valerie Breslin Montague is quoted in this article about the lawsuit filed by Agnesian Healthcare against Cerner regarding a botched rollout of a revenue cycle management system.

Aetna's HIV lapse shows snail mail's privacy pitfalls

Law360 | August 25, 2017

Chicago health care partner Valerie Montague is quoted in this article about how Aetna Inc.’s mailed letters to policy holders regarding prescriptions for HIV drugs violated the Health Insurance Portability and Accountability Act.

Not-for-profit providers' rising expenses, dwindling revenue could spur mergers

Modern Healthcare | August 22, 2017

Chicago health care partner Valerie Breslin Montague is quoted in this article about how many not-for-profit health care providers are joining larger health care systems as a result of rising costs to operate as independent hospitals.

Virtual assistants like Amazons Alexa could change the way care is delivered

Modern Healthcare | July 31, 2017

Chicago health care partner Valerie Montague provides third-party commentary in this article about the potential for Alexa and other voice assistants to be used as a health care tool.  Valerie speaks to what needs to happen for these devices to become compliant under the Health Insurance Portability and Accountability Act (HIPAA).

HIPAA spotlight: key stats from a banner year

Law360 | January 17, 2017

This article recaps HIPAA stats and highlights from the past year. Chicago health care partner Valerie Montague is quoted throughout discussing privacy breaches and how health care organizations react.

Contact

Valerie Breslin Montague

Partner

Chicago

Phone: 312-977-4485


Fax: 844-571-6775

Georgetown University Law Center, J.D.

Marquette University, Honors B.A., cum laude

Illinois

U.S. District Court, Northern District of Illinois

U.S. Court of Appeals, Seventh Circuit

Valerie was selected by her peers for inclusion in The Best Lawyers in America© 2018 in the field of Health Care Law.

Valerie has been named a Recognized Practitioner in Chambers USA: America’s Leading Lawyers for Business 2017 for Healthcare (Illinois). She was also recommended in The Legal 500 United States 2016 editorial for Health Care—Service Providers.

  • International Association of Privacy Professionals
  • American Bar Association
  • Chicago Bar Association
  • American Health Lawyers Association, Chair, Privacy and Security Compliance and Enforcement Affinity Group
  • Illinois Association of Healthcare Attorneys, Education Committee Member
  • Past member, General PHI Workgroup, Illinois Health Information Exchange project
  • Admissions Volunteer, Marquette University
  • Past President, Marquette University Club of Chicago
  • Assisted a health and human services coalition with governance and contracting matters, as well as with obtaining federal income tax exemption
  • Work with an entity that abolishes patients’ medical debt on health information privacy issues
  • Obtained property tax exemption for a nonprofit organization that assists underprivileged teenaged mothers
  • Assisted a youth mentoring organization with organizational and federal income tax-exemption issues
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